Okpo v. City of New York

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about December 6, 2016, which denied plaintiff’s motion for partial summary judgment on the issue of liability, and granted defendants-respondents’ (the Union) cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

As a probationary employee, plaintiff’s termination was not the basis for a “grievance” under the governing collective bargaining agreement (CBA). As such, the Union owed her no duty of fair representation (see Portlette v Metropolitan Transp. Auth., 25 AD3d 389, 391…